67 Iowa 591 | Iowa | 1885
The appellee insists that the bill of sale, although absolute on its face, is in fact a mortgage, and that it was given for a temporary purpose which has been subserved, and that these matters can be established by parol. Conceding this may be done, it was not pleaded that the bill of sale was a mortgage. That a writing should be read and construed in the light of the surrounding circumstances is undoubtedly true; (Singer Sewing Machine Co. v. Holcomb, 40 Iowa, 33;) but no words having a different meaning from those used can be added thereto. Tinder the pleadings, the instrument in question must be regarded as a bill of sale. The reply recognizes it to be such, and no words can be interpolated therein which have the effect to change or alter the meaning of the words there used.
These cases are distinguishable, because the instructions contemplate a case where an obligation to pay never existed until the promise was made. We do not believe a case can be found where a moral obligation alone has been held to be a sufficient consideration for a subsequent promise. To our minds, however, it is difficult to find a moral obligation to pay anything, in the case contemplated in the instructions, prior to the promise. The following cases support the view above expressed: Cook v. Bradley, 7 Conn., 57; Williams v. Hathaway, 19 Pick., 387; Dawson v. Dawson, 12 Iowa, 512; McCarty v. Hampton Building Ass’n, 61 Id., 287.
It is insisted that the court erred in other respects, but some of the objections are not well taken; others are not of a vital character. We deem it unnecessary to take the time to more particularly refer to them.
Reversed.